Volume 25, Issue 90 (summer 2020)                   __Judicial Law Views __2012__, 25(__59__): __224340 | Back to browse issues page

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Nikoonahad H, Ghani Kolahloo Z. Consideration of the same enactments as the denounced regulations in the Administrative Justice Court; Reflection on the Capacity and Challenges of Article 92 of the Law on the Organization and Procedure of the Administrative Justice Court. دیدگاه‌های حقوقی 2020; 25 (90) :317-340
URL: http://jlviews2.ujsas.ac.ir/article-1-1328-en.html
Consideration of the same enactments as the denounced regulations in the Administrative Justice Court; Reflection on the Capacity and Challenges of Article 92 of the Law on the Organization and Procedure of the Administrative Justice Court
Hamed Nikoonahad *1, Zhale Ghani Kolahloo2
1- Qom university, Qom, Iran , hamednikoonahad@gmail.com
2- Qom university, Qom, Iran
Abstract:   (1210 Views)
In Article92 of the Law on the organization and Procedure of Administrative Justice Court,a new executive guarantee has been foreseen to ensure the superiority of Administrative Justice Court as a judicial authority administrative agencies;a new legal measure to strengthen the mandatory nature of General Board's decisions in order to ensure the principle of the rule of law on the Administration as ‌well as reduction of similar complaints in the­ Court and the reduction of executive problems caused by adoption of similar regulations that violate provisions of the issued decisions.According to this article,if administrative authorities adopt regulations that are in contradiction with General Board's decision and same regulations as those previously denounced by the General board,they will be dealt with less rules of procedures for annulment request of new regulations.Exploring in the decisions issued by General Board of  Court in exercising this article,raises ambiguities and challenges regarding manner of applying and referencing to Article92.The broad interpretation of General Board by the term "relevant authorities",procedural agitation of the Chief Justice of the Court in referring a complaint from new regulation to the Specialized Board,and non-retroacting of revocation's effect of new regulations since the adoption of ratifying,were the main findings of this study.
 
 
Keywords: General Board of Administrative Justice Court, Revocation of Acts, Article 92 of the Law on the Organization and Procedure of Administrative Justice, judicial supervision, Similar regulations, General Board, Revocation
Full-Text [PDF 536 kb]   (508 Downloads)    
Type of Study: Critical & Analisis | Subject: General Law
Received: 2018/06/14 | Revised: 2022/12/28 | Accepted: 2019/10/21 | Published: 2020/08/31 | ePublished: 2020/08/31
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